Citation Nr: 0737006
Decision Date: 11/26/07 Archive Date: 12/06/07
DOCKET NO. 06-24 540 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in Los
Angeles, California
THE ISSUE
Entitlement to service connection for a right knee
disability.
WITNESS AT HEARING ON APPEAL
Appellant
INTRODUCTION
The veteran served on active duty from January 1951 to
December 1953. There appears to be an additional period or
periods of active duty that have not been verified. The
veteran's service medical records continue through to 1960.
This matter comes to the Board of Veterans' Appeals from a
February 2005 rating decision of the Department of Veterans
Affairs (VA) Regional Office (RO) in Los Angeles, California.
In September 2007, the veteran testified before the Board at
a hearing at the RO.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
At his November 1950 pre-induction examination, the veteran
reported that he had had a knee operation and toes amputated
following an automobile accident. The examination report,
however, reveals no abnormalities of the spine and
extremities-except for moderate scoliosis.
In August 1952, the veteran was seen for a sprained right
knee. He twisted his knee while attempting to catch a
football. It was reported that the veteran had had an injury
to the right knee by direct trauma 21/2 years earlier. It was
also noted that, since then, the knee had been "weak."
At a re-enlistment examination in February 1954, it was
reported that the veteran had had a dislocated left knee in
1952.
At his hearing, the veteran testified that he had not had any
knee injuries prior to service. He stated that he had had a
traumatic injury to his right knee during field exercises in
1952.
The RO should arrange for a VA examination to determine
whether any current right knee disability is attributable in
any way to the documented injury in service.
Accordingly, the case is REMANDED for the following action:
1. The RO should attempt to verify any
additional active duty after December
1953.
2. The RO should arrange for a VA
examination by an orthopedic physician to
determine the likely etiology of the
veteran's current right knee disability.
The veteran's claims folder must be
reviewed by the examiner in conjunction
with the examination. Any indicated
tests should be performed. The examiner
should then provide an opinion whether it
is at least as likely as not that any
current right knee disability is related
to his military service-particularly the
1952 knee sprain. The examiner should
explain the rationale for the opinion
given.
3. The RO should then readjudicate the
issue on appeal. If it remain denied,
the RO should issue an appropriate
supplemental SOC and provide the veteran
the opportunity to respond. The case
should then be returned to the Board for
further appellate review, if otherwise in
order. No action is required of the
appellant until he is notified.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007).
_________________________________________________
James L. March
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2007).